Suspension Period Cannot Be Treated 'Wholly Unjustified' In Case Of Partial Exoneration: Gujarat High Court
2 years, 5 months ago

Suspension Period Cannot Be Treated 'Wholly Unjustified' In Case Of Partial Exoneration: Gujarat High Court

Live Law  

The Gujarat High Court has dismissed the petition filed by an employee seeking that his period of suspension be treated as 'regular' on the ground that the Petitioner had been charge-sheeted and was only partially exonerated from the charges against him. Justice Biren Vaishnav observed: " Only when an employee is partially exonerated, would the authority need to decide the question of whether the suspension can be treated to be wholly unjustified and whether he should therefore be given such proportion of pay and allowance as the competent authority would prescribe by a specific order.Here is a case where on a charge-sheet being issued, the order of penalty was passed. The High Court also ventured forth to observe that the Petitioner had filed the Second Appeal 15 years after the order of rejection of the First Appeal and therefore, the petition ought not be entertained. The Petitioner filed the Second Appeal against the order of the First Appeal in 2018, seeking regularization of period of suspension and consequential pay and allowances, which was rejected. The Bench held, "Here is a case where the petitioner was imposed a penalty which was commensurate with the conduct on the charge being proved and the suspension therefore could not have been treated as wholly unjustified when read in light of the Regulation 241."

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History of this topic

Passing Reinstatement Order Pursuant To Quashing Of Earlier Suspension Not Necessary For Suspending An Employee Again: Allahabad High Court
3 weeks, 2 days ago

Passing Reinstatement Order Pursuant To Quashing Of Earlier Suspension Not Necessary For Suspending An Employee Again: Allahabad High Court

Live Law  

While hearing a principal's plea–whose earlier suspension was quashed in a writ petition, and who was subsequently suspended again, the Lucknow bench of the Allahabad High Court said that non-passing of a formal order of reinstatement after quashing of suspension order does not disentitle the employer from placing the employee under suspension again. The court noted that the petitioner's counsel …

Certified Copy Not Necessary To File GST Appeal, Order Downloaded From Site Enough: Gujarat High Court
1 month, 1 week ago

Certified Copy Not Necessary To File GST Appeal, Order Downloaded From Site Enough: Gujarat High Court

Live Law  

Quashing an order of the tax authority which rejected a GST Appeal due to non-submission of a certified copy, the Gujarat High Court said that when an appealed order is available on a common portal and can be directly accessed by the Appellate Authority, there should be no need to submit a “certified copy” to confirm its authenticity. At the …

Gujarat High Court Quashes Compulsory Retirement Order Of Former Police Officer Criticized For Alleged Investigation Lapses In Arms Act Case
5 months, 1 week ago

Gujarat High Court Quashes Compulsory Retirement Order Of Former Police Officer Criticized For Alleged Investigation Lapses In Arms Act Case

Live Law  

The Gujarat High Court has overturned the order of compulsory retirement imposed on a former Police Officer, highlighting critical lapses in the disciplinary proceedings against him. The division bench, comprising Justices A. S. Supehia and Mauna M Bhatt, ruled that the initiation of departmental proceedings based on trial court observations regarding an investigation into the Arms Act was misguided. The …

Period Prior To Regularisation Date Should be Factored Into Calculation Of Pension And Other Retirement Benefits: Gujarat High Court
7 months, 2 weeks ago

Period Prior To Regularisation Date Should be Factored Into Calculation Of Pension And Other Retirement Benefits: Gujarat High Court

Live Law  

The Gujarat High Court single bench of Justice Nikhil S. Kariel held that the period prior to the date of regularisation, wherein the Workman met the requirement of working 240 days, must be factored into the calculation of pension and other retirement benefits. Brief Facts: The period of service rendered by the Petitioner's husband before his regularization under the Government …

Reinstatement With Back Wages Is Not Automatic Even In Cases Of Illegal Termination, Courts Might Provide Lumpsum Compensation: Gujarat High Court
7 months, 3 weeks ago

Reinstatement With Back Wages Is Not Automatic Even In Cases Of Illegal Termination, Courts Might Provide Lumpsum Compensation: Gujarat High Court

Live Law  

The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi held that reinstatement with back wages isn't automatic for illegally terminated workers. The Municipality initially filed a Special Civil Application contesting the judgment and award issued by the Labor Court, which led to an order by the Single Judge of the Gujarat High Court modifying the …

Gujarat High Court Pulls Up Centre For "Lethargic Attitude" In Pursuing Litigation, Rejects Delayed Petition With Rs 25K Cost
9 months, 1 week ago

Gujarat High Court Pulls Up Centre For "Lethargic Attitude" In Pursuing Litigation, Rejects Delayed Petition With Rs 25K Cost

Live Law  

In a stern stance, the Gujarat High Court has rejected with Rs. The Court in its Order observed, “Any amount of extension or reading any paragraph from even additional affidavit cannot salvage the situation as not only the impugned orders which are challenged refusing the condonation of delay, this petition under Article 227 of the Constitution of India has come …

Gujarat court denies Kejriwal’s request for speedy hearing in defamation case
1 year, 4 months ago

Gujarat court denies Kejriwal’s request for speedy hearing in defamation case

Hindustan Times  

AHMEDABAD: The Ahmedabad sessions court on Tuesday rejected a plea by Delhi chief minister Arvind Kejriwal and MP Sanjay Singh, seeking an expedited hearing of their revision petition, aiming for it to take place before August 29—a date determined by the Gujarat High Court in response to Kejriwal and Singh’s request for both a stay of trial and prompt revision …

Mere Pendency Of An Appeal Would Not Detract From The Excise Duty Refund Demand: Delhi High Court
1 year, 5 months ago

Mere Pendency Of An Appeal Would Not Detract From The Excise Duty Refund Demand: Delhi High Court

Live Law  

The Delhi High Court has held that the mere pendency of an appeal or an order of stay that may operate would not detract from the obligation of any person claiming a refund to make an application within the period prescribed and computed with reference to the "relevant date". The Central Excise Department asserted that, in light of the plain …

Gujarat High Court Accepts Apology Of 12 Judicial Officers Who Failed To Dispose 45 Yrs Old Suit, Drops Contempt Proceedings
1 year, 10 months ago

Gujarat High Court Accepts Apology Of 12 Judicial Officers Who Failed To Dispose 45 Yrs Old Suit, Drops Contempt Proceedings

Live Law  

The Gujarat High Court on Tuesday dropped the contempt proceedings and accepted the unconditional apology rendered by 12 judicial officers who failed to dispose of a suit which is pending since 1977 till date, despite the direction issued by the High Court in November 2004 to dispose it of by the end of year 2005. While closing the contempt proceedings, …

Gujarat High Court Quashes Reassessment Order Citing Inability Of Assessee To Secure Relevant Documents Amid Covid-19 Lockdown
1 year, 11 months ago

Gujarat High Court Quashes Reassessment Order Citing Inability Of Assessee To Secure Relevant Documents Amid Covid-19 Lockdown

Live Law  

The Gujarat High Court recently quashed a reassessment order and final notice of assessment issued against to an assessee after she failed to produce the relevant documents, particularly Form-F prescribed under Gujarat Value Added Tax Act, 2003 amid Covid-19 lockdown.The division bench of Justice Sonia Gokani and Justice Sandeep N. Bhatt allowed the petition under Article 226 of. The Gujarat …

Order Extending Employee's Suspension After Filing Of Charge-Sheet Must Record Reasons: Madhya Pradesh High Court
1 year, 11 months ago

Order Extending Employee's Suspension After Filing Of Charge-Sheet Must Record Reasons: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore bench recently reiterated that once the charge-sheet in a departmental inquiry against the suspended delinquent employee is filed, the suspension can be extended only on the basis of a well-reasoned order. The bench comprising Justice Subodh Abhyankar made the observation by placing reliance on the decision of the Apex Court in the case of …

Supreme Court Orders Status Quo On Man's Plea That He Should Not Be Deported Till His Indian Citizenship Is Decided
2 years, 2 months ago

Supreme Court Orders Status Quo On Man's Plea That He Should Not Be Deported Till His Indian Citizenship Is Decided

Live Law  

The Supreme Court has issued notice on a petition filed by a man seeking a direction that he should not be deported to Pakistan until his claim to be an Indian citizen is decided as per Section 9 of the Citizenship Act.A bench comprising Justice Surya Kant and Justice J. The Supreme Court has issued notice on a petition filed …

Reinstatement A Normal Course When S.25(F) ID Act Is Violated, Not Compensation: Gujarat HC Grants Relief To State-Employed Sweeper
2 years, 3 months ago

Reinstatement A Normal Course When S.25(F) ID Act Is Violated, Not Compensation: Gujarat HC Grants Relief To State-Employed Sweeper

Live Law  

In a recent order, the Gujarat High Court has held that the benefits of reinstatement would be a 'normal course' that ought to follow once there is a violative of Section 25 under the Industrial Disputes Act. Justice Biren Vaishnav stated: "Having therefore found that the Labour Court having positively held that there was violation of Sec.25 of the Act, …

Bombay HC Refuses to Quash Tribunal's Order Revoking Suspension of Senior Policeman
2 years, 4 months ago

Bombay HC Refuses to Quash Tribunal's Order Revoking Suspension of Senior Policeman

News 18  

The Bombay High Court refused to quash the Maharashtra Administrative Tribunal’s order revoking the suspension and ordering for reinstatement of a senior police officer, noting the suspension orders cannot be kept pending indefinitely. Dhiraj Patil, a superintendent of police level officer, held the post of executive director at the Maharashtra State Electricity Distribution Co Ltd, at the time of his …

‘This remission will set a bad precedent’
2 years, 4 months ago

‘This remission will set a bad precedent’

The Hindu  

Published : Aug 20, 2022 15:47 IST Anand Yagnik is a human rights lawyer based in Ahmedabad. A crusader for justice for victims of communal violence, Yagnik speaks to Frontline about the Gujarat government’s use of discretionary powers to sanction remission for the 11 men convicted in the gruesome Bilkis Bano case. Could you speak about the State government using …

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC
2 years, 4 months ago

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC

Live Law  

The Gujarat High Court has reiterated that once a Labour Court comes to the conclusion that Sections 25F, G and H of the Industrial Disputes Act have been violated, reinstatement of workman ought to follow. The Bench comprising Justice Biren Vaishnav was hearing several petitions challenging the Labour Court's order wherein compensation of Rs. Reference was made to Gauri Shanker …

Gujarat High Court Weekly Round Up: August 1 - August 7, 2022
2 years, 4 months ago

Gujarat High Court Weekly Round Up: August 1 - August 7, 2022

Live Law  

NOMINAL INDEX Judgments/Orders of the week Cases Of Civil Nature Can Be 'Quashed' In Interest Of Justice: Gujarat High Court Reiterates Distinction B/w Sections 320 & 482 CrPC Case Title. S.173 CrPC | Power Of Further Investigation Available Upto "Pre-Trial Stage" & Not Beyond That: Gujarat High Court Case Title: Poonam Madha Parmar v. State Of Gujarat Citation: 2022 LiveLaw …

Gujarat High Court Quashes Non-Speaking And Vague GST Cancellation Order
2 years, 6 months ago

Gujarat High Court Quashes Non-Speaking And Vague GST Cancellation Order

Live Law  

The Gujarat High Court bench of Justice J.B. Pardiwala as he then was and Justice Nisha M. Thakore has quashed the GST cancellation order as it was non-speaking and vague. A show cause notice was issued by the State Tax Officer on Form GST REG-17/31 under Section 29 of the CGST Act, 2017 read with Rule 22 of the CGST …

Gujarat High Court Weekly Round Up: May 30 To June 5, 2022
2 years, 6 months ago

Gujarat High Court Weekly Round Up: May 30 To June 5, 2022

Live Law  

NOMINAL INDEX Subhashchandra Sanatan Mallik Through Babita Subhashchandra Mallik V/S State Of Gujarat 2022 LiveLaw 187 Darshan Bipinbhai Trivedi Versus State Of Gujarat 2022 LiveLaw 188 Mehulkumar Ramanlal Katpara Versus State Of Gujarat 2022 LiveLaw 189 Symphony Limited Versus Raj Cooling System Private Limited 2022 LiveLaw 190 Ranjeetsinh Gambhirsinh Jadeja V/S Agriculture Produce Market Committee 2022 LiveLaw 191 Minor Mohit …

Second Section 9 Application, Relief Can't Be Granted As It Would Amount To Main Relief In Arbitration :Gujarat High Court
2 years, 7 months ago

Second Section 9 Application, Relief Can't Be Granted As It Would Amount To Main Relief In Arbitration :Gujarat High Court

Live Law  

The Gujarat High Court has ruled that once an application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures has been disposed of, a subsequent similar application seeking similar reliefs, which were already dealt with in the earlier proceedings, is not maintainable. Thereafter, the appellant filed an application under Section 9 of the A&C Act for …

Gujarat High Court Weekly Round Up: April 18 To April 24, 2022
2 years, 7 months ago

Gujarat High Court Weekly Round Up: April 18 To April 24, 2022

Live Law  

NOMINAL INDEX Bhavinkumar Kantilal Gajera vs State Of Gujarat 2022 LiveLaw 130 Maheshbhai Govindbhai Patel vs Mother Dairy Fruit And Vegetable Pvt Ltd 2022 LiveLaw 131 Rameshbhai Dhulabhai Katara Versus State Of Gujarat 2022 LiveLaw 132 Priteshkumar Bipinbhai Dave vs State Of Gujarat 2022 LiveLaw 133 Sardar Patel Seva Trust Versus The Regional Provident Fund Commissioner II 2022 LiveLaw 134 …

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint
2 years, 9 months ago

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint

Live Law  

Affirming the Trial Court's decision of dismissing a private complaint on the ground that the dispute was of civil nature, the Gujarat High Court has observed that the Trial Court had duly followed the procedure under Section 203 of the Code of Criminal Procedure. The Bench comprising Justice Vipul Pancholi was hearing a petition under Art 227 wherein the Petitioner …

Gujarat High Court Weekly Round-Up [7 February - 13 February 2022]
2 years, 10 months ago

Gujarat High Court Weekly Round-Up [7 February - 13 February 2022]

Live Law  

Encroachment Over Public Land Can't Be Retained Citing Right To Shelter: Gujarat High Court Case Title: Bandhkaam Mazdoor Sangathan vs State Of GujaratCase citation: 2022 LiveLaw 26While dismissing a PIL seeking to restrain the Railway authority from evicting slum dwellers until rehabilitation, the Gujarat High Court has held that the right to shelter is not a ground to. Encroachment Over …

Employee Cannot Be Terminated Without Full Departmental Inquiry: Gujarat High Court
2 years, 10 months ago

Employee Cannot Be Terminated Without Full Departmental Inquiry: Gujarat High Court

Live Law  

Gujarat High Court Bench comprising Justice Biren Vaishnav while allowing the Petition challenging the order terminating the Petitioner's services has observed as follows; "The employer is not allowed to hire and fire even if the employee, maybe ad hoc or probationer, and the services cannot be given a go-bye by one stroke of pen on the ground of misconduct by …

Will Examine If Suspension Of Yatin Oza's Senior Designation Is Proportionate, Says Supreme Court
3 years, 4 months ago

Will Examine If Suspension Of Yatin Oza's Senior Designation Is Proportionate, Says Supreme Court

Live Law  

The Full Court of the Gujarat High Court has reiterated its earlier stand of not revoking the suspension of senior designation of Yatin Oza, the Supreme Court was told on Wednesday. Taking note of this development, the Supreme Court adjourned Yatin Oza's petition challenging the High Court's decision for hearing on merits to September 1. Today, Advocate Nikhil Goel, appearing …

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